Divorce Questions & Answers

Q: I need answers - my husband left and I need answers before I end up homeless

1 Answer | Asked in Divorce for Indiana on
Answered on Sep 24, 2016

Unless and until you file a petition for dissolution of marriage or some other court pleading, your marital problems are your own. Go see a family lawyer who practices in Kosciusko County.
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Q: an my husband continue to come back to the house after leaving me and not paying anything ?don't I get anything for a

1 Answer | Asked in Divorce for Indiana on
Answered on Sep 24, 2016

Your question lacks enough details to properly answer. Your husband can certainly come back to his own house unless there are reasons why he can't. Is there a dissolution of marriage pending? Are there any court orders? If you don't already have a lawyer, you need one.
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Q: Hi, lwanna get divorce, i have 4 kids ,but he doesn't wanna do it ,tell me what to do?where to go ?

1 Answer | Asked in Divorce for California on
Answered on Sep 24, 2016

Whether he wants to divorce or not is irrelevant. You can still file. California does not require agreement on a divorce. start by going to the family court in your county, wherever that happens to be. They should have some free resources to help you, but b/c they are free, they won't be real useful. Divorce in California is not difficult to do, but it can be tremendously confusing if you are doing it yourself. In your case, child support and custody and visitation will need to be decided which...
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Q: I filed for divorce

1 Answer | Asked in Divorce for California on
Answered on Sep 24, 2016

Financial disclosures need to be filled out. (FL-150, FL-142, FL-141, FL-140). If you have an agreement of how to finish the case, that needs to be put in writing and submitted to the court along with a bunch of other forms.
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Q: I've heard that California is a community property state. What does that mean exactly

1 Answer | Asked in Divorce for California on
Answered on Sep 24, 2016

You and your ex each have 50% claim to all of the stuff the two of you bought together while you were married. Negotiation is possible so you and your ex can split stuff 40/60 if that somehow works out easier.

Community property is an enormous topic and can't be explained with a general question like 'What does that mean exactly?' A more specific question may yield an answer that might be more useful to you.
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Q: Am I still legally married?

1 Answer | Asked in Divorce for California on
Answered on Sep 24, 2016

It depends on what the Arkansas divorce decree says. You should repost this in the Arkansas forum as whether the Arkansas decree is valid will depend on whether you are or are not required to sign off to a divorce under Arkansas law.

If the Arkansas decree is not valid, then you're still married. If it is valid, then you may still be married if the CA case was still open at the time. If it was, the AR court technically should not have taken the case, but it did not knowing a case...
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Q: Is child support mandatory with divorce in California?

1 Answer | Asked in Child Support and Divorce for California on
Answered on Sep 24, 2016

Yes, if there are children that are yours biologically or via adoption. Usually this is just for minor children, but in certain cases, disabled children who are not minors can be due child support too.
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Q: We are 3 months from filing divorce petition in California. Can we still open a joint checking account in bank? Thx.

1 Answer | Asked in Divorce for California on
Answered on Sep 24, 2016

Was the divorce petition filed 3 months ago or will it be filed 3 months from now? Which is it?
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Q: My wife and I are building t home. We are doing it ourselves. We are probably 2/3 done. The property was paid for clear

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Sep 24, 2016

Consult a divorce attorney or real estate attorhney.,
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Q: How do I make a motion to change venue in Allen County IN? Where can I find the form?

1 Answer | Asked in Divorce and Family Law for Indiana on
Answered on Sep 23, 2016

I do not believe you will find a form Motion to Change Venue on the State website. Contact your lawyer, express your desire to change venue, and he or she can take it from there.
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Q: my wife went back home to canada after 88 days of marriage. how do i go about getting a divorce from her

1 Answer | Asked in Divorce for Massachusetts on
Answered on Sep 23, 2016

Ok so she was living in Massachusetts with you and then left with the children after less than 3 months. Sounds like a Canada case particularly if the children have been in Canada for over 6 months.
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Q: My wife went behind me and filed taxes separately and claimed kids. I am primary wage earner is she allowed to do this.

1 Answer | Asked in Divorce and Tax Law for Ohio on
Answered on Sep 22, 2016

You should contact an attorney for a consultation as soon as possible. When it comes to the IRS it is always best to seek legal advice. There are many factors that need to be considered and speaking/meeting with an attorney will help you clear up your legal rights.
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Q: I got married in 2009, we found out that he and his Ex's divorce was never finalized, it is now, are we legally married?

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Sep 22, 2016

If he is not divorced, you are not married. However, when he gets divorced, you will not have to remarry. Your voidable marriage will be reinstated.
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Q: Divorce between US and Canada

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Answered on Sep 22, 2016

How long have you been in Massachusetts and did husband live in Massachusetts at some point? There are complicated jurisdictional issues and I urge you to make an appointment with a lawyer to go over all of the facts.
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Q: I am 6 mo pregnant and filing for divorce. What is a reasonable time sharing schedule for a newborn?

1 Answer | Asked in Child Custody and Divorce for Florida on
Answered on Sep 22, 2016

Do you have any evidence that you are better at taking care of a newborn baby than he is?
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Q: I want to file for divorce but I can not work due to a disability. I receive SSDI. How can I afford an attorney?

1 Answer | Asked in Divorce for Florida on
Answered on Sep 21, 2016

Attorneys are prohibited from taking divorce cases on a contingent fee basis. However there is provision for one party to a divorce being required to pay some or all of the other party's lawyer expenses under certain circumstances.
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Q: When I got married my husband was already married in Mexico .how can I get divorced

1 Answer | Asked in Divorce for Colorado on
Answered on Sep 21, 2016

Your situation is not common, but there are procedures in place to correct the error.

You can file for divorce in Colorado (even if your ex has never been to CO) if you have lived in Colorado for at least 91 days (6 months if children are involved). You can get a divorce in Colorado, but Colorado will like not have jurisdiction to divide any property that is not in CO (if you do not want anything from your ex, this should not be an issue). If you do get a divorce, you likely will need...
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Q: In Florida, can a couple get a divorce and then resolve a property issue.

2 Answers | Asked in Divorce for Florida on
Answered on Sep 21, 2016

She cannot be "taken off of the mortgage" without the consent of the mortgagee (i.e.: the bank in or whoever holds the mortgage). Note that the divorce court cannot take her off if the mortgage obligation in any event. And it would be extremely unlikely that the mortgagee would agree to release her from liability on the mortgage note, because, should he default, the mortgagee wants to keep all of its options open (including suing her for a deficiency).

She should make sure he does...
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Q: If a house is bought post marriage by a mother and son and the deed reads joint tenancy does the deed control?

1 Answer | Asked in Divorce and Real Estate Law for Pennsylvania on
Answered on Sep 21, 2016

Right of survivorship means that if son dies before mom, mom would get the property. There are estate tax benefits but also minuses.if there is divorce the right of surviorship might be included as an asset.
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Q: My ex wants me to keep the house but only his name is on the loan. Can I just take it over? Is it best for me to refi?

1 Answer | Asked in Real Estate Law, Divorce and Tax Law for Michigan on
Answered on Sep 21, 2016

If he is willing that his name remains on the mortgage while he signs a quit claim deed to you and he relinquished all rights on the house in the final judgement of divorce, then if you continent making the payments there is little chance that the mortgage company would find out. If the mortgage company did find out the company may have a paragraph in the signed mortgage that allows the company to accelerate the loan.
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